The legal outcomes of a car accident depend largely on evidence, including the statements of drivers and other witnesses. However, such subjective information may not be consistent all the time. In an article for AllAboutCarAccidents.com, personal injury litigator David Berg has this to say.
It is not unusual in car accident cases for one driver to say that the collision happened one way, and for the other driver to say something completely different.
“The light was green.”
“No, it was red.”
How do you prove fault in a car accident case when you say one thing, and the other driver says just the opposite? In this type of case, you have to rely on four major things:
- the credibility of each driver
- the statements of the neutral witnesses, if there are any
- the physical evidence, and
- the police report.
When the parties involved issue conflicting statements, it can be difficult to tell who’s responsible for the car accident and to what extent. The factors Berg enumerates often influence the decisions of a jury and even insurance companies. These aspects should be fairly and thoroughly assessed to justify any outcome.
Yet there are also times when the facts are not cut-and-dry, which can make personal injury claims rather stressful and time-consuming. An experienced accident lawyer in New Orleans can help you prove faults and determine liabilities.
Using your Insurance Policy
By law, you are required to have personal injury protection (PIP) insurance. With this protection in place, you are insured for a minimum of $15,000 regardless of who’s at fault in the accident. Optionally, you can purchase medical payments coverage, which can compensate for your expenses.
Studying the Type of Collision
Usually, if the other driver failed to adhere to certain “rules of the road,” they are considered at fault. As such, the at-fault driver (or their liability coverage) will have to pay for the remaining personal injury expenses.
Tying All Evidence Together
A qualified New Orleans auto accident lawyer, such as an associate of Lambert Zainey, can help the jury see the defendant’s negligence by using the available evidence and presenting the salient points of your legal complaint. Such a legal professional uses his extensive background in litigation of personal injury cases related to car accidents so that parties at fault cannot escape the liability they owe.
(Source: How to Win a ‘He Said, She Said’ Car Accident Case, AllAboutCarAccidents.com)